2014-UNAT-462, Balan
UNAT acknowledged that while the Appellant was eligible for a permanent appointment, the Administration was entitled to have regard to the fact that she was recruited because she was a national of Romania for the specific post in UNIC Bucharest. UNAT noted that both the Department of Public Information and the Officer-in-Charge of Human Resources Services previously anticipated that UNIC Bucharest, among others, was scheduled to close in the very near future, due to the uncertainty of the funding by the host country, on which the continuation of the Appellant’s post depended. UNAT noted that in such cases, it is limited to a judicial review of the exercise of discretion by the competent decision-maker. UNAT found nothing to suggest that the Administration exercised its discretion unfairly or capriciously and was satisfied that UNDT committed no error in finding the decision legal. UNAT dismissed the appeal and affirmed the UNDT judgment.
The Applicant contested the decision to not grant her a permanent appointment. UNDT held that the decision constituted a reasonable exercise of discretion on part of the Administration.
In the consideration for conversion to permanent appointment of staff members of the secretariat, eligible to be considered by 30 June 2009, the jurisdiction of the Appeals Tribunal is limited to a judicial review of the exercise of discretion by the competent decision-maker.